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Home My WebLink AboutAmendment No. 4 to PSA - Beck’s Lake NPL Site LaSalle Park Area, Proj No. 120-053 – Jones Petrie Rafinski Corp. ELIZABETH A. MARADIK GARY A. GILOT JORDAN V. GATHERS JOSEPH R. MOLNAR MURRAY L. MILLER 1316 COUNTY-CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 PHONE 574/ 235-9251 FAX 574/ 235-9171 CITY OF SOUTH BEND JAMES MUELLER, MAYOR BOARD OF PUBLIC WORKS August 10, 2021 Mr. R. Joseph Trojan Jones Petrie Rafinski Corporation 200 Nibco Pkwy., Suite 200 Elkhart, IN 46516 RE: Amendment No. 4 to Professional Services Agreement Dear Mr. Trojan: At its August 10, 2021 meeting, the Board of Public Works approved the above referenced amendment for time-critical removal actions related to Beck’s Lake NPL Site/LaSalle Park Area, Project No. 120-053, and general consulting costs from July 2021 through December 2021 in an amount not to exceed $153,723. Enclosed please find the original of the amendment for your signature. Please sign and return the original amendment to lhensley@southbendin.gov. Please retain a copy for your records. If you have any further questions regarding this matter, please call this office at (574) 235-9251. Sincerely, /s/ Anne Fuchs Anne Fuchs, Clerk Enclosures AF/lh FOURTH AMENDMENT TO AGREEMENT FOR PROFESSIONAL SERVICES This Fourth Amendment to the Agreement for Professional Service (this “Fourth Amendment”) is made on July 13, 2021 (the “Effective Date”), by and between the City of South Bend, Indiana, acting by and through its Board of Public Works (the “City”), and Jones Petrie Rafinski Corp., an Indiana corporation with its principal office at 200 Nibco Parkway, Suite 200, Elkhart, Indiana 46516 (the “Provider”) (each a “Party” and together, the “Parties”). RECITALS A. The City and the Provider entered into that certain Agreement for Professional Services dated August 14, 2018 (the “Services Agreement”), for Beck’s Lake Project offsite waste delineation and groundwater investigation (as defined in the Services Agreement). B. The City and the Provider entered into the First Amendment to the Services Agreement on November 13, 2018, incorporating Scope of Work Changes and Cost Adjustments as set forth in the First Amendment. C. The City and the Provider entered into the Second Amendment to the Services Agreement on August 13, 2019, incorporating Scope of Work Changes and Cost Adjustments as set forth in the Second Amendment. D. The City and the Provider entered into the Third Amendment to the Services Agreement on November 12, 2019, incorporating Scope of Work Changes and Cost Adjustments as se E. The City and the Provider now wish to further amend the Services Agreement as set forth in this Fourth Amendment. NOW, THEREFORE, in consideration of the mutual promises and obligations in this Fourth Amendment, the Third Amendment, the Second Amendment, the First Amendment, and the Services Agreement, the adequacy of which consideration is hereby acknowledged, the Parties agree as follows: 1. Services. Add Exhibit D-1 to the Services Agreement, Scope of Work Changes and Cost Adjustments, Beck’s Lake NPL Site/LaSalle Park Area, South Bend, Indiana (Project 2018 – 0225). 2. The entirety of Section 2 of the Services Agreement is deleted and replaced by the following: A. Compensation. In exchange for the Provider’s satisfactory performance of the Services, and subject to the terms and conditions of this Agreement, the City will pay the Provider a total sum not to exceed Five Hundred Forty Thousand Eight Hundred Twenty Three Dollars ($540,823), of which a sum not to exceed One Hundred Fifty-Three Thousand Seven Hundred Twenty Three Dollars ($153,723) (the “Remaining Contract Amount”) is to paid in accordance with the cost proposal stated in the Scope of Work (Exhibit D-1). The Provider shall prepare detailed, itemized invoices and submit them monthly to the City of South Bend Department of Law. Invoices shall be presented as set forth in the Scope of Work and payment shall be made to the Provider within a reasonable time thereafter. The Provider acknowledges and agrees that invoices will be reviewed and approved by the City prior to payment. The City will not be required to pay any invoice if the City is not satisfied with the Provider’s Performance under this Agreement or any default or breach of this Agreement by Provider exists, as the City may determine in its sole discretion. The Provider will not incur or seek reimbursement for any expenses exceeding the Contract Amount without a signed contract change or similar instrument as outlined in Section 16. 3.Each and every other provision of the Services Agreement and attachments thereto are hereby ratified, approved and reaffirmed by the Parties and all other matters previously agreed to and set forth in the Services Agreement and not affected by this Third Amendment shall remain in full force and effect. 4.This Fourth Amendment may be executed in multiple counterparts, each of which shall be deemed an original. 5.The undersigned person(s) executing and delivering this Fourth Amendment on Behalf of the Parties represent and certify that s/he has been full empowered to execute and deliver this Second Amendment. IN WITNESS WHEREOF, the Parties hereto have made and executed this Fourth Amendment to the Services Agreement as of the date first written above. JONES PETRIE RAFINSKI CORP., an Indiana corporation _________________________________ Signature _R. Joseph Trojan___________________ Printed Name _Environmental Project Manager_______ Title _________________________________ Date Date Signed: August 10, 2021 Scope of Work and Cost Proposal for Beck’s Lake NPL/LaSalle Park Area April 22, 2021 Page 1 of 3 April 22, 2021 City of South Bend Legal Department 227 West Jefferson Boulevard #1200 South Bend, Indiana 46601 Attn: Stephanie Steele, Corporation Counsel RE: SCOPE OF WORK CHANGES AND COST ADJUSTMENTS, BECK’S LAKE NPL SITE/LASALLE PARK AREA, SOUTH BEND, INDIANA (PROJECT 2018-0225) Dear Ms. Steele: Jones Petrie Rafinski Corp. (JPR) is pleased to submit this Scope of Work Changes and Cost Adjustments as a fourth amendment to the original professional services agreement (PSA) dated August 14, 2018 for work associated with additional offsite waste delineation (Task 1), groundwater investigation (Task 2), soil management plan (SMP) implementation (Task 3), general consulting services (Task 4) and soil sampling to define Areas of Concern (Task 5) for the Beck’s Lake NPL Site/LaSalle Park Area project. SCOPE OF WORK CHANGES BY TASK WITH COST ADJUSTMENTS Task 1: Waste Delineation Outside of the LaSalle Park Area (LPA) - North of Linden Avenue Net Task Change: None. Task 2: Monitor Well Installation, Development, and Groundwater Sampling Net Task Change: None. Task 3: Soil Management Plan Implementation and Oversight of Waste Soil Disposal Net Task Change: $97,723.00 increase. The City of South Bend has recently approved the “Contract Documents and Specifications for Beck’s Lake/LaSalle Park” (Project No. 120-053) which is the bid package for implementing the Time-Critical Removal Actions (TCRA) related to multiple areas of the Beck’s Lake/Lasalle Park NPL Site as required by the EPA. The planned activities will include sod, soil and tree removal as well as the placement of additional fill sand and topsoil. As per the EPA-approved Soil Management Plan (SMP), the air must be monitored for particulate contaminants of concern (COCs) during any soil disturbance at the site. Any soil excavated must be removed from the site and transported directly to an EPA- approved landfill for proper disposal. In addition, all soil brought to the site must be determined to be free of COCs via laboratory analytical testing (at concentrations above regulatory limits) prior to placement on the site. EXHIBIT D-1 Scope of Work and Cost Proposal for Beck’s Lake NPL/LaSalle Park Area April 22, 2021 Page 2 of 3 The associated additional costs for Task 3 are as follows: Field Labor for Soil Removal/Placement Oversight With estimated field activities duration of six weeks Env. Project Manager ($140/hr @ 240 hours)………………………………………….$33,600.00 Field Technician ($95/hr @ 60 hours)…………………………………………………..$ 5,700.00 Laboratory Analysis of Backfill Soil Samples for TAL Metals, VOCs, SVOCs+PNA SIM, Pesticides, PCBs for 44 samples @ $766.70/sample………………………………………………………………………..$33,734.80 Level IV QA/QC Package………………………………………………………………..$ 5,060.20 Third Party Data Validation………………………………………………………………$ 6,030.00 Air Monitoring Equipment Rental ($383/wk for 6 weeks)……………………………..$ 2,298.00 Survey of Excavation and Backfill Extents as well as location of Underground Sprinkling Infrastructure………………………………………………….$ 5,000.00 Project Documentation and Soil Management Plan Modifications…………………..$ 6,300.00 Task 3 Subtotal………………………………………..$97,723.00 Task 4: General Consulting - Provide Assistance to Project Coordinator for On-Going Deliverables Net Task Change: $56,000 increase The existing PSA dated November 12, 2019 included costs for general consulting through June 2020. Since the project is ongoing, general consulting is necessary to assist the City of South Bend with EPA requirements. Therefore, the following cost adjustment includes anticipated general consulting costs from July 2020 through December 2021: • Environmental Project Manager @$140/hour – estimated 400 hours for July 2020 through December 2021 at direction of the EPA-assigned Project Coordinator. Task 5: Soil sampling to Define Areas of Concern Net Task Change: None. The following is a summary of the overall cost adjustments: Current Approved Costs……….……………………………………………. $387,100 New Total Estimated Costs………….………………………………………. $540,823 Net Contract Change (increase)…………..…….……………..……………. $153,723 EXHIBIT D-1 Scope of Work and Cost Proposal for Beck’s Lake NPL/LaSalle Park Area April 22, 2021 Page 3 of 3 Please note that the costs presented herein are our best estimate of the time and materials involved in the project which Jones Petrie Rafinski will not exceed without prior approval. Should the scope of services require modification (i.e., additional/less borings, analyses, etc.) based upon field conditions and/or circumstances that would not have otherwise been anticipated, JPR will notify the client of such “changed conditions” and resultant cost implications to the project. Assuming a portion of the project is ongoing, our services will be billed monthly. Payment will be subject to the terms of the PSA. Should you have any questions or comments concerning our services or charges during the course of the work, please bring them to our attention immediately for quick resolution. Sincerely, R. Joseph Trojan Environmental Project Manager EXHIBIT D-1 BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date August 2, 2021 Name Aladean DeRose Department Legal BPW Date August 10, 2021 Phone Extension 5866 Review and Approval Required Prior to Submittal to Board Diversity Compliance and Inclusion Officer Officer Name BPW Attorney Attorney Name Clara McDaniels Dept. Attorney Attorney Name Clara McDaniels Purchasing Check the Appropriate Item Type – Required for All Submissions Professional Services Agreement Contract Proposal Open Market Contract Amendment/Addendum Special Purchase, QPA Bid Opening Bid Award Req. to Advertise Title Sheet Quote Opening Quote Award Reject Bids/Quotes Proposal Opening C/O & PCA No. PCA Chg. Order, No. Traffic Control Resolution Other: Ease./Encroach Required Information Company or Vendor Name Jones, Petrie & Rafinski New Vendor Yes If Yes, Approved by Purchasing No MBE/WBE Contractor MBE WBE Completed E-Verify Form Attached Yes No Project Name Beck’s Lake NPL Site/LaSalle Park Area Project Number 2018-0225 Funding Source Professional Services - EPA Account No. 226-0412-672-39-02 Amount NTE $153,723 Terms of Contract Purpose/Description Fourth Amendment to August 14, 2018 Professional Services Agreement. The City of South Bend has recently approved the “Contract Documents and Specifications for Beck’s Lake/LaSalle Park” (Project No. 120-053) which is the bid package for implementing the Time-Critical Removal Actions (TCRA) related to multiple areas of the Beck’s Lake/Lasalle Park NPL Site as required by the EPA. The planned activities will include sod, soil and tree removal as well as the placement of additional fill sand and topsoil, as well as general consulting costs from July 2021 through December 2021. For Change Orders Only Amount of Increase Decrease $ ($ ) Previous Amount $ Current Percent of Change: Increase Decrease % ( %) New Amount $